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Human Resources Legislative Update

As discussed in our previous post, the Police Record Checks Reform Act, 2015 (Act) creates new procedural requirements for requesting and obtaining criminal record, judicial matters and vulnerable sector backgrounds checks. The Act creates a requirement for a two-stage consent process where: (1) the individual must consent to the type of check being conducted; and…

Federal Post

Bill C-20, An Act respecting further COVID-19 measures, which passed on July 27, 2020, has enacted new legislation that permits the temporary suspension or extension of time limits or other periods specified in federal legislation or in court proceedings governed by federal legislation that are difficult or impossible to meet in light of the COVID-19 pandemic.

Case In Point

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller and dismissed an appeal of the Ontario Court of Appeal’s decision which held that the arbitration clause in Uber’s standard form services agreement (Agreement) was invalid both because it was unconscionable and because it contracted out of mandatory provisions of the Employment Standards Act, 2000 (ESA). We previously reported on the Court of Appeal decision.

FTR Now

As provinces begin to roll out reopening plans for non-essential businesses, the logistical challenges of implementing social distancing in some workplaces mean that many employees will continue to work from home for the foreseeable future. As companies consider which employees will be asked to return to the workplace, and when, the legal considerations and risks associated with work from home arrangements should be taken into account.

HR HealthCheck

In an award dated May 4, 2020, Arbitrator Stout addressed, among other things, critical aspects of the CMOH’s Directives respecting access to and use of personal protective equipment (PPE). In this HR HealthCheck, we provide an overview of this significant award (Award), a decision of notable impact to health care providers and health care workers alike, in both the Hospital and Long-Term Care sectors.

Human Resources Legislative Update

On May 2, 2020, Ontario’s Minister of Health issued notice of proposed regulations that (1) provide clarity on the existing reporting obligations of Health Information Custodians under the Personal Health Information Protection Act, 2004 (PHIPA) and (2) empowers Ontario Health to develop and maintain amalgamated Electronic Health Records (EHRs) while refining the rules relating to…

Information, Privacy and Data Security Post

On April 1, 2020, Ontario’s Chief Medical Officer urged his local public health counterparts to order COVID-19 patients and their contacts into quarantine. The situation, according to the Chief Medical Officer, is such that measures need to be put in place in order to manage this pandemic. Extraordinary times call for extraordinary measures and implementing the broad order-making powers of medical officers of health under the Health Protection and Promotion Act (HPPA) may be where we are headed. This means placing limitations on a person’s liberty and privacy.

Human Resources Legislative Update

Editor’s Note on July 27, 2020: With the proclamation of Bill 195 on July 24, 2020, the declared emergency came to an end. Many of the orders below, however, will continue in effect under Bill 195 in accordance with its provisions. This post will no longer be updated. On March 17, 2020, the Ontario government…